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1 Introduction about the company Freshfields Bruckhaus Deringer is a legal services firm founded in 1743 by attorneys Samuel Dodd and James William Freshfield The company is headquartered at 100 Bishopsgate London, United Kingdom with a global team consisting of more than 4,000 people in the world’s major business hubs, serving clients in over 150 countries Freshfields Bruckhaus Deringer has trusted advisors to many large companies in finance, insurance, entertainment, and more (Freshfields.com.com) Currently, I am working as a paralegal in the London office of Freshfields Bruckhaus Deringer, which specializes in advising new companies on the law, including Virgin Media and O2 Virgin Media O2 was founded on June 1, 2021, by Lutz Schüler Virgin Media O2 operates primarily in the telecommunications, mass media, and entertainment industries in London, United Kingdom, with nearly 100 full-time employees (Virgin Media O2 2022) In this research paper, I will analyze in detail the legal system in the UK and its impact on businesses The article will follow later to analyze the outstanding advantages of the UK law affecting business enterprises, besides also analyzing the disadvantages so that the company can consider, amend and improve when using the law Legal system 2.1) UK legal system 2.1.1) Definition of the legal system: a system that includes all the law, common rules, and legal documents adopted by the courts through the government to maintain, implement, and control citizens (West, 1992) 2.1.2) Definition of law: are mandatory general rules established by a regulatory authority in a country or region and applied to all residents of that country in order to maintain social order and ensure fairness for all people Law as a tool to help the state manage citizens, ensure safety, keep peace, and prevent deviant behaviors that affect the development of society In addition, the law helps businesses ensure fairness for workers and promote human freedoms (Frost et al., 2023) 2.1.3) UK Legal system The legal system in the UK is divided into three areas: England and Wales; Scotland; and Northern Ireland (Steven, 2003) Each jurisdiction will have different jurisdictions and laws, but all are derived from the Acts of Parliament and Statutory Act, and the final appeal in all cases goes to the Supreme Court of the UK (Slapper & Kelly, 2017) The Law of Scotland: is a combination of principles of civil and common law enacted by the Houses of Parliament (Biset; 2006) Law of England and Wales: Headed by the Supreme Court of Justice of England and Wales, consisting of the Court of Appeal, the High Court (for civil cases), and the Royal Court (for criminal cases) (Biset, 2006) Law of Northern Ireland: uses a common law system administered by the courts of Northern Ireland, with both civil and criminal appeals ultimately sent to the UK's Supreme Court (Biset, 2006) 2.2) UK court system 2.2.1) Supreme Court The Supreme Court is the final court of appeals for civil cases and for criminal cases It hears cases of the greatest public or constitutional importance affecting the whole population (The Supreme Court, no date) 2.2.2) Court of Appeal The Court of Appeal is the seat of appeals from the courts, is the highest court of the high courts, is the seat of the Royal Courts of Justice in London, and has two divisions: Criminal Division: It can only hear appeals from the Supreme Court regarding the adjudication of an indictment, a case, or extremely serious conduct Its decisions are binding on all courts, including itself (exception of the Supreme Court) Civil Division: hears appeals related to residents, employment, immigration, social security, child support, pensions, taxation, and land from the Supreme Court and district courts 2.2.3) High Court The high courts of England and Wales are the High Court of Justice in London, the Court of Appeal, and the High Court The High Court handles all high value and very special civil law cases (not including criminal) The High Court consists of three divisions: The King’s Bench Division: is led by the President of the King's Bench, which consists of 71 Supreme Court Justices, and is the largest of the three Supreme Court Houses and has the widest range of jurisdiction The Judges and Masters of the Supreme Court, as well as the Associate Judges and Masters of the Supreme Court, will review and handle cases and claims for non-payment of goods and services in accordance with the provisions of law (Glos, 1967) Family Division: The Family Court specializes in handling family cases, cases involving children's rights In the Family Court and the Family Division of the Supreme Court, the parties to a case are sometimes counseled by attorneys In the absence of legal aid and inability to represent the party, the parties can represent themselves in court Besides, it also handles international kidnapping cases, with some exceptions under The Hague Convention(Glos,1967) Chancery Division: This division will handle matters related to: business, real estate or land matters, trust disputes, UK competition law complaints, and commercial disputes (domestic and foreign) and issues related to intellectual property (Biset, 2006) 2.2.4) Crown Court Established in 1971 to specialize in receiving and handling cases involving the most serious crimes The Crown Court includes the Central Criminal Court, also known as the Old Bailey In addition to its function as a first instance, the crown court also has an appellate function matters 2.2.5) Magistrate Court The Magistrates Court is a lower court in England and Wales that hears cases involving both civil and family law, including 320 trial courts (2010) This is where all violations begin to be considered and handled according to the law The process of resolving a case will go through many different stages, in which the first instance trial plays an important role The court will consider the seriousness of the case so that it can be resolved or taken to a higher court(Gedi,1989) 2.2.6) Country Courts The district court is the place to hear civil matters, compensation matters, disputes, debts, and business licenses (West, 1992) 2.2.7) Tribunal Overseen by HMCS to deal with welfare, tax, and immigration, similar to high-ranking courts, lower courts use formal methods to resolve cases of interpersonal conflict and are less expensive (West, 1992) 2.3) The different sources of law Case law: Case law refers to legal principles developed through judicial decisions As opposed to laws contained in statutes and enacted by the legislative process, case law comes about through the aggregation of court opinions interpreting and applying the law to individual cases In the U.S legal system, the rulings of higher courts are binding on lower courts Courts also adhere to stare decisis, which generally requires that courts follow the precedent set by previous court decisions ( Taylor, 2015 ) Equity: Due to the increased demand for petitions, the hearings were chaired by the Prime Minister The Justice Law valued and regarded the king as a symbol of justice, and all matters were submitted to the king Fair law appeared at the same time as common law but had no effect on it (Kelly et al., 2021) Legislation: Parliament enacts written legislation to empower ministers and local governments to help manage the people in the area (Kelly et al., 2021) Customs: The customary law focuses on preserving the beauty of culture and tradition, avoiding evil acts (Kelly et al., 2021) Conventions: Perfume conventions are tools for the state to manage the people, helping the people to ensure their rights and civil liberties (Kelly et al., 2021) Act of Parliament (Law of Statues): a new treatise of value introduced by the House of Commons of Great Britain, and signed by the Queen or King (Kelly et al., 2021) European Union Law: Laws enacted by EU bodies have had a strong impact on UK law since the UK joined the EU in 1973 However, the UK has now left the EU (MacIntyre, 2018) European Convention on Human Rights (ECHR): The law for all EU member states on fundamental freedoms of people Making Law in the UK The legislative process in the UK consists of nine stages, each of which must be careful and important, and in which the government plays a specific role in each stage (Parliament of the United Kingdom, 2015) - Initial Interest The government is gradually introducing draft laws and bills prior to the availability of legislation so that interested parties can comment on the ideas The nature of the needed law is stated on green paper if it is not approved, and on white paper if it is accepted (Anon, 2022) - The draft Bill The type and extent of the law are determined by the government, and then a bill is produced by the Parliamentary counsel office and presented to Parliament (Anon, 2022) - The first Reading The government introduces the bill in either House, schedules a Second Reading, publishes the bill, and notifies all Members as well as the general public (Anon, 2022) - The Second Reading If the measure is passed, it will be referred to a committee The government allows MPs to debate and vote on the core aim of the measure as well as revisions to the law (Anon, 2022) - Committee Stage The government thoroughly studies the bill and may change it at this point (Anon, 2022) - The report Stage Following the committee stage, the Government will submit the measure to the House of Commons to review the previously changed points and propose further modifications (Anon, 2022) - The third Reading The government takes one more look at the altered bill and gives MPs one last chance to vote on it (Anon, 2022) - The House of Lords Stage If the bill is altered by the Lords, the government sends it back to the House of Commons until the processes are finished by prorogation (Anon, 2022) - The Royal Asset The bill is forwarded to Royal Assent by the government, and then it becomes an Act of Parliament (Anon, 2022) 2.5) Statutory and common law are applied in justice courts Statutory Law Case law (Common law) Definition It is the legislative government that drafts laws, which are then number and approved by & Ferris, 2020) branch of and passes assigned a IS (Marson Case law is the binding principle derived from court decisions that provide precedents for how the law should be applied and interpreted in situations similar to the case When adjudicating a case, the court will have to base its decision on previous precedents to make an appropriate judgment (Marson & Ferris, 2020) Created by Statutory law is supervised by the Case law is a law created by a court in parliament Parliament approves the UK and decided by judges between 000 and 000 instruments of law by law annually How to apply Legislative actions, such as negative and positive resolutions, must be brought before Parliament for Parliament to regulate the statutory instruments (Clark, 2001) The law will apply to a smaller extent than common law, and it will detail and codify violations passed at the local, state, or federal level Traffic laws such as driving under the influence of alcohol that will result in your license being suspended, and drug laws such as those relating to possession will result in imprisonment The precedents that must be followed in the future are all decided by the highest courts, the high courts and the Supreme Court (formerly the House Representative) If compared with these three components that make up a court decision in the case, only (2) is the mandatory precedent, the legal rule applied by the judge to resolve legal issues arising from the legal facts of the case Still, element (1) - the analysis of the legal fact does not require compliance with anyone; element (3)the judgment of the court is binding only on the parties (Frost,et al 2023) Example ERA 1996 provides the following The case of Attia v Supply Company statutory rights: Employer and Gas UK is an example Employee Rights The right to subsidize wages when employees are sick Penalty/Decision The punishment prescribed in each Penalties will be the same as similar case can be damages, fines, cases, adjudicated according to the imprisonment, or both for the degree of violation (Brown, 1905) offender for violating the provisions of the law Company law impact Definition Act Element Regulation Impact Specific Penalty example Company The A law is a set Companies company’s of laws, Act 2006 name along with rules and regulations, that businesses must comply with (Corporate Law Definition & Types 2023) The name of the enterprise must be written on or attached to the head office, branch, or representative office of the enterprise Do not use the same or a confusing name as the registered business name All of these business forms are affected by corporate law because it basically governs what they are allowed to and not allowed to within their jurisdiction Company law helps the state control enterprises to limit risks Virgin Media O2 does not handle harmful substances when released into the environment The head of Virgin Media O2 will be able to violate the corporate law on CSR and pay the environmental pollution compensation fee Employment law impact Definition Act Element Regulates the connection between employers and workers (Dugger, 2021) Employment Wrongful right Act Dismissal 1996 Regulation Before firing an employee, the HR department at the company needs to give the employee a reasonable reason in advance, including notices related to leaving, so that the employee Impact Specific Example Penalty The labor contract is evidence to protect the employee and the employer when a dispute occurs It affects the fairness of both parties when engaging in business Virgin Media O2 fires an employee before the term of the employment contract without giving notice to the employee and without providing a reason If Virgin Media O2 fires the wrong employee, the company will have to compensate the employee according to the labor contract (about $15,000); in addition, the company will have to bear an intermittent unemployment amount for the employee can accept the notice and find another job When an employee leaves, he or she needs to hand over the job to another employee according to the company's regulations Contract Law Impact Definition Essential Element Role The body of Agreement The offer law that from one applies to party to the the rights business is and accepted by obligations the other of the party contractual parties The parties under a involved contract must have a (Laver, legally 2017) binding relationship All participants will not be deceived and must comply with the terms of the contract The parties Impact Specific Example Penalty Contract law affects business activities because if the parties not comply with the contract, they will have to compensate and handle Contract law is the basis for enterprises to ensure their rights and obligations It represents fairness when organizations engage in business, just as evidence supports businesses when problems arise (James, 2018) When Freshfields Bruckhaus Deringer entered into a legal contract with Virgin Media O2 to provide network data, both companies needed to comply with their terms and obligations in the contract before the two parties could come to an agreement Finally, both parties must agree on the terms of the contract and the compensation if either of them breaks the rules Freshfields Bruckhaus Deringer stipulate that Virgin Media O2 will have to compensate $ 100 million if Virgin Media O2 does not perform as the contract requires, but Virgin Media O2 did not accept because the amount was too large compared to the damage caused by Freshfields Bruckhaus Deringer suffered, so involved must have the full legal capacity to review and sign the contract This amount must they got into an be approved by argument both of them The effectiveness of the legal system in terms of recent reforms and developments Before reform: Telecommunications Act of 2003 provides the rights and duties when appointing the director of Telecommunication but does not have the duties and obligations to ensure the safety of the customers so it is reformed (2003) After reform: By adding new obligations for public electronic communication networks and service providers, the ‘’Telecommunications (Security Act 2021)’’ has improved and amended from the Communications Act 2003 to address the security breaches and prepare for the possibility of such compromises The new law adds the right to customers when purchasing products and services to fully enjoy the safety and privacy policies of personal data (Bouraoui, 2021) Opportunities: This law helps companies operating in the telecommunications industry need to pay more attention to the security of personal information for customers Besides, customers will also feel secure when filling out personal information and product safety Challenge: The company needs to use a large cost to pay for the security system and the staff who manage those security systems to avoid hacker intrusion Efficiency: Virgin Media O2 has complied with the policies and regulations of the Telecommunications (Security Act 2021), so many customers have trusted and used the company's services Virgin Media O2 has been around for a few months but already has a solid customer base and a strong reputation in the telecommunications industry December sales are close to $140 million from retail customers in London and will grow by 7% according to the company's prediction The potential impact on business through differentiation between legislation, regulations, and standards Legislation Definition/Role Impact In the U.K, legislation is a system of laws that must be passed by parliament to be enforceable for all citizens of the country, and no one has the right to oppose them (Kaley, 2009) The company's business Company Act 2006 activities not exceed the regulations and legal requirements The law will ensure the interests of the parties involved in the business, but the company must also its duty properly The law affecting the behavior of the organization must have the right orientation in accordance with society Legislation is seen as an effective way for the state to regulate and orient the development of society The law helps to develop a fair and progressive legal society and promotes human freedom Example Regulation Regulations are rules that each industry must follow because they have been set Regulations will depend on the business field of the organization (Jackson, 2001) Regulation helps businesses regulate business activities, keep organizations on track, and prevent wrongdoing Regulations that affect Regulation of the security businesses force telecommunication Act companies to comply 2021 with the regulations of the industry in which they are engaged The regulation also ensures fairness for the company when disputes arise Complying with regulations will help the company when participating in business Standard A standard is a requirement established by companies Each company will have its own product criteria (Bouraoui, 2015) Standards help a company ensure that the products and services produced in a given industry are of consistent quality and are on par with other similar goods and services in the same sector However, these standards must be socially appropriate Standards help the company ensure product quality and make a difference from competitors Virgin Media O2 must ensure that each telecommunication device is safe for customers including Global System for Mobile (Communications) (GSM), General Packet Radio Services (GPRS), 6) Provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support judgments 6.1) Case law in the UK Case law is derived from legal principles accumulated from violation cases accumulated over the centuries, so it is long-standing and recognized by those with high authority Case law helps judges make solid decisions for similar cases instead of making them randomly Case precedent shows that each different case will be handled in a different way based on the available cases, so it is practical (Duignan,2019) Case precedent has the advantage of being flexible, and adaptable and can allow the judge to use "justice" instead of "law" Besides, case precedent also has some disadvantages, because it has been developed for a long time, some other case precedents are still rigid, and old-fashioned because not all cases are identical and unsystematic progression In the UK legal system, there is a large volume of case law, and it is so complex that it is difficult to tell the difference between cases 6.2) Legislation in the UK Wherever the legislation is, it will be general and common to the whole society Law is the best and most reliable source of law because it has gone through a lot of research with rigorous reasoning The law will apply to all cases and has flexibility between different criminal cases, besides it is always improved and revised to be more suitable for society (James, 1983) Through laws, the government will be easier to apply and can control society more absolutely However, in the UK, some laws are still limited to individual rights and equal rights This resulted in a sharp conflict between the people and the government, creating many reactionary cases Moreover, when applying the law to deal with crimes, some cases were handled unfairly and unclearly because of the following factors other factors such as social, economic, and circumstantial 6.3) Evaluate the legal system in the UK The UK legal system has a great influence on England and Wales, Scotland and Northern Ireland Each region has its own rules and regulations, but each has been developed on a variety of legal bases and has wide applicability to ensure equal rights for everyone In the UK legal system, case law and law both have their pros and cons and are universally applicable In each case, the judge needs to consider whether to use case law or which law will be more reasonable and accurate for each crime case, and consult many layers of society to perfect the law Case precedents need to be effective to be flexible in all cases and ensure fairness in tasks Case precedents also need to be revised to increase popularity for the whole society The law will need to be supplemented and perfected to avoid leading to conflicts between classes The law helps promote the rights and obligations of the people to create a modern, civilized, progressive, and just country equal Thus, in England, the legislation should be developed because it is complete and applicable to all people rather than case law In conclusion, my report analyzed and explained the legal system in the UK to provide the necessary information for Virgin Media O2 to guide the company Besides, I also gave specific examples for each case and there are recommendations to help the organization always the right tasks and responsibilities The law is the key to successful business companies, businesses need to follow the legal system to fight the legal problems violate the law and can protect your rights